President Roz Berman's Board Report, July 24, 2008 [distributed by RMI's email Bulletin]
1. S&D Cafe V Litigation
Since my June President’s report, S& D Cafe V, LLC delivered a check to our attorneys in the amount of $350 as sanctions awarded by the Discovery Commissioner following the hearing before her in May. Since certain financial documents were notdelivered to our attorneys after the status check before the Discovery Commissioner on June 25, a phone conference was scheduled with the Discovery Commissioner for June 30 to discuss the non-compliance. The attorney for S&D Café represented that certain financial documents, such as tax returns, did not exist. To the extent that documents do exist, he was given a further 30 days, until July 31, to provide the missing documents and to provide supplemental answers to interrogatories. If there is further non-compliance our attorneys expect more serious sanctions will be imposed. Judge Gonzales has now issued a further order scheduling the trial on a five week stack of cases commencing April 20, 2009.
2. Trumpets Lease Negotiations.
Lease negotiations with Boulevard Bar and Grill for Trumpets Restaurant have ended. I provided a complete report regarding the negotiations in an email blast to the community on July 14. This report is available on the community website.
Now that the negotiations with Boulevard Gaming Group have terminated, the next step will be for your Board, with appropriate input from the community, to share viewpoints on what we should do next. To that end, there will be two public Board workshops, with resident participation invited, on Wednesday, August 13, at 2:00 p.m. and 7:00 p.m.
3. Recreation Center No. 3.
Jeremy Fritz, the Pulte Vice President of Planning and Development, has provided SCA with a Recreation Center 3 status report for the month of July. He reported that the project was rebid and the bids are being reviewed to ensure trades scopes are complete. Pulte, the General Contractor, the Architect and Consultants are working to ensure systems are coordinated on the plans prior to start of work. The Architect and interior designer are updating interior finish boards and are updating plan details. The General Contractor is preparing a list of critical items requiring shop drawings for select release of trade contractors. Green strategies are being reviewed in conjunction with interiors theme. Finalization of site utility details is being worked on with the City of Henderson before updated sheets are submitted to the City. The project remains targeted for start of construction in the 4th quarter of 2008 and completion by the 4th quarter of 2009.
4. Common Area Construction Defects.
The agenda item for Unfinished Business, Common Area Construction Defects, stated that an attorney from the law firm would be present at the Board meeting to discuss the case and answer resident and Board questions. After the agenda was finalized SCA was told that an attorney could not make this month’s meeting due to their vacation schedules, but should be at all future meetings. Next week Attorney Roger Grant and I will tape a most-commonly- asked questions and answers session for showing on Channel 99 in a couple of weeks.
Special educational Town Hall meetings with residents are being planned to be setup with a few lawyers that are or could be involved with construction defects in the single family homes. Bob Frank and Barry Friedman are coordinating the plans for this which should be in late September.
5. Other Matters.
The Reserve Study task group has completed their review of the 2008 updates to the 2006 Reserve Study reports and is now waiting for final reports.
At the June 26 Executive Session, a motion was passed to waive fines for an appeal related to an age and occupancy violation and motions were passed to deny a waiver of fines for an appeal related to weed maintenance and an appeal related to incomplete landscaping. At the July 10 Executive Session, no motions was passed.
Sadly, this past month we lost two very valued committee members, Dan McClintock and Phil Hight, of the Properties and Grounds Committee. Carl Weinstein, who worked closely with these members in his role as Chairperson of the committee said a few words about them and the valued services they provided to our community.
Roz Berman
Board President